Wednesday, June 20, 2012

Eric Holder And The BIA Escalating Attack On DOMA

America's own Andrey Januarevich Vyshinsky, Eric Holder, and his minions at the Board of Immigration Appeals (BIA) are manuevering for an amnesty for homosexuals to mirror the Department of Homeland Security's amnesty for illegal aliens under age 31. The BIA recently remanded to U.S. Citizenship and Immigration Services (USCIS) applications for legal permanent residence by several homosexuals who are making a claim based on homosexual marriages. The BIA wants to know if the marriages themselves are legal under State law and are valid marriages.

Although the Board lacks jurisdiction to consider the constitutional arguments raised by the petitioner, we do find it appropriate, in light of the Attorney General's decision in Matter of Dorman, 25 I&N Dec. 485 (A.G. 2011), to remand this matter to the Director to address in the first instance the following issues:

1) Whether the petitioner and the beneficiary have a valid marriage under the laws of California; and

2) Whether, absent the requirements of section 3 of DOMA, the marriage of the petitioner and the beneficiary would qualify the beneficiary to be considered a "spouse" under the Immigration and Nationality Act.

Similar language appears in all four decisions, which are appeals from cases that originated in California, Florida, New York and Pennsylvania. The New York-based visa case and Florida-based request-to-reopen-removal-proceedings case involve marriages entered into in Connecticut, the California-based visa case involves a marriage entered into in Canada (and that is where the couple resides currently), and the Pennsylvania-based case involves a California marriage.

Talking with Lavi Soloway, who founded Stop the Deportations to address this issue and says he is the attorney in the involved cases, he tells Metro Weekly, "They are unusual remands. They are an effort by the Board of Immigration Appeals to have the immigration service answer additional questions which, strictly speaking, should not be necessary since the denials were based solely on the fact that the couples were of the same sex and therefore barred by Section 3 of DOMA.

The homosexuals claim that this is in preparation for a SCOTUS ruling on DOMA, which is not even on their docket yet.

"The BIA is essentially forcing the immigration service to undertake full adjudication and to produce a complete fact-finding for each couple to determine the bona fides of the marriage, rather than simply deny them perfunctorily because they're gay or lesbian couples," he continued. "Once U.S. [Citizenship and Immigration Services, which is within the Department of Homeland Security] has done all that fact-finding, they're essentially setting the stage for being able to approve the petitions in a post-DOMA universe. They're providing everything that one would need to know to approve those petitions if the Defense of Marriage Act did not exist ... and that's not typically the role of the Board of Immigration Appeals."

But in reality, it is in preparation for more unconstititutional executive orders from the Obama Regime. Just as they implemented DREAM Act legislation that has been repeated rejected by Congress, the Regime intends to implement homosexual marriage by executive order without a SCOTUS ruling or legislation. You heard it here first, just as you heard of the Obama Regime Admininstrative Amnesty here first.